JKE Inquest Recommendations TPS Implementation Status/Theme Summary

Transcription

1 s TPS Implementation Status/Theme Summary Recommendation # Theme Implementation Status 1 Training (research) 2 Equipment (Conducted Energy Weapon research into effects on Not assigned to TPS TPS does not concur EDP) 3 Equipment (research of other jurisdictions) Not assigned to TPS TPS Concurs Action taken 4 Use of Force (reporting) Not assigned to TPS TPS Concurs Action taken 5 Use of Force (reporting) Not assigned to TPS TPS Concurs Action taken 6 Mental Health System and Toronto Police (research) 7 Use of Force (reporting) Not assigned to TPS TPS Concurs Action taken 8 Training 9 Training 10 Training 11 Training 12 Training TPS Concurs in part Implemented in an alternative form 13 Training (debriefing) TPS does not concur Implemented in an alternative form 14 Training 15 Training 16 Training 17 Training 18 Training 19 MCIT and Other Crisis Intervention Models 20 Training (debriefing) TPS does not concur Implemented in an alternative form 21 Training Not assigned to TPS TPS Concurs Action taken 22 Training Not assigned to TPS TPS Concurs Action taken 23 Training 24 Training 25 Training 26 Training 27 Training (MCIT drive-along) TPS does not concur Implemented in an alternative form 28 Equipment (alternative options) 29 Equipment (Conducted Energy Weapon threshold for use) TPS does not concur 30 Equipment (Conducted Energy Weapon) TPS does not concur Implemented in an alternative form 31 Equipment JKE Inquest Recommendations - s 1

2 32 Equipment 33 Mental Health System and Toronto Police (MCIT) 34 Mental Health System and Toronto Police (MCIT) 35 MCIT and Other Crisis Intervention Models 36 Supervision 37 Supervision 38 Training 39 MCIT and Other Crisis Intervention Models (procedures) 40 Mental Health System and Toronto Police 41 Supervision 42 Supervision 43 Training 44 Supervision 45 Mental Health System and Toronto Police (rewards) 46 Mental Health System and Toronto Police (SIU protocols) TPS does not concur Implemented in an alternative form 47 Training 48 Use of Force (procedures) 49 Training 50 Training Not assigned to TPS TPS Concurs Action taken 51 Mental Health System and Toronto Police 52 Mental Health System and Toronto Police 53 Implementation 54 Mental Health System and Toronto Police Not assigned to TPS 55 Mental Health System and Toronto Police Not assigned to TPS 56 Mental Health System and Toronto Police Not assigned to TPS 57 Mental Health System and Toronto Police Not assigned to TPS 58 Mental Health System and Toronto Police Not assigned to TPS 59 Mental Health System and Toronto Police Not assigned to TPS 60 Mental Health System and Toronto Police Not assigned to TPS 61 Mental Health System and Toronto Police Not assigned to TPS 62 Mental Health System and Toronto Police Not assigned to TPS 63 Mental Health System and Toronto Police Not assigned to TPS 64 Mental Health System and Toronto Police Not assigned to TPS 65 Mental Health System and Toronto Police Not assigned to TPS 66 Mental Health System and Toronto Police Not assigned to TPS 67 Mental Health System and Toronto Police Not assigned to TPS 68 Mental Health System and Toronto Police Not assigned to TPS 69 Mental Health System and Toronto Police JKE Inquest Recommendations - s 2

3 70 Mental Health System and Toronto Police Not assigned to TPS 71 Mental Health System and Toronto Police Not assigned to TPS 72 Mental Health System and Toronto Police Not assigned to TPS TPS Concurs Action taken 73 Mental Health System and Toronto Police Not assigned to TPS TPS Concurs Action taken 74 Mental Health System and Toronto Police Not assigned to TPS JKE Recommendations Implementation Status Totals/Percent Implementation Status Number of Recommendations Percent 39 85% TPS Concurs in part Implemented in an alternative form 1 2% in part 0 0% TPS Concurs Under consideration 0 0% TPS does not concur 1 2% TPS does not concur Implemented in an alternative form 5 11% Total of assigned recommendations 46 Total of assigned implemented in some form 45 98% Not assigned 18 0% Not assigned TPS does not concur 1 0% Not assigned TPS Concurs Action taken (implemented in some form) 9 32% Total of recommendations not assigned 28 Total of not assigned percent implemented in some form/action taken 9 32% JKE Inquest Recommendations - s 3

4 JKE Recommendations Implementation Status by Theme Theme Number of recommendations Percent Number of recommendations implemented in some form/action taken Percent Implemented Assigned Not Not Assigned Assigned Assigned Mental Health System and Toronto Police 29 39% % 7% Police Culture 0 0% 0 0 0% 0% Selection of Police Officers 0 0% 0 0 0% 0% Training 25 34% % 12% Supervision 5 7% % 0% Mental Health of Police Personnel 0 0% 0 0 0% 0% Use of Force 4 7% % 75% MCIT and Other Crisis Intervention Models 3 4% % 0% Implementation 1 1% % 0% Equipment 7 8% % 14% Total Themes % Total 45 of 46 assigned 9 of 28 not assigned Percent 98% 32% JKE Inquest Recommendations - s 4

5 s s Legend CEW EDP EMS ETF ICCS ISTP MCIT MCSCS OPC PRU SIU TEGH TPC TPS Conducted Energy Weapon Emotionally Disturbed Person Emergency Medical Services Emergency Task Force In Car Camera System In Service Training Program Mobile Crisis Intervention Team Ministry of Community Safety and Correctional Services Ontario Police College Primary Response Unit Special Investigations Unit Toronto East General Hospital Toronto Police College Toronto Police Service Response Legend TPS Concurs in part Implemented in an alternative form in part TPS Concurs Under consideration TPS does not concur TPS does not concur Implemented in an alternative form JKE Inquest Recommendations - s 5

6 #1 TRAINING (research) That the Toronto Police Service and the Ministry of Community Safety and Correctional Services conduct, jointly or separately, a comprehensive research study to establish metrics against which current and future police training (delivered by the Toronto Police Service and Ontario Police College respectively) can be evaluated to determine whether and how practices on which officers are trained are being adopted in the field. a. Among other things, the study should evaluate how much and how well training emphasizes communication strategies and de-escalation strategies, and how well the training explains the research-based rationales for such strategies. b. The study should also consider and evaluate: i. practices used to evaluate officer performance during and upon completion of training, and ii. the skills and training of officers delivering the training content. c. Finally, a protocol for the formal assessment of officers regarding the communication and judgement skills they demonstrate in training and while on duty should also be developed. The Service agrees that rigorous training metrics and assessments of competencies and skills are integral to policing training. The Service is informed that as part of the Ministry of Community Safety and Correctional Services commitment to continuous service improvement, the Ontario Police College (OPC) will be undertaking a review of its training curriculum with an eye to a more rigorous assessment of its current training and police officer competencies. To this end, the OPC has committed to proceed with a review in partnership with policing experts, academics, and its policing partners, including the OPP and the Toronto Police Service. As well, the Service uses established standards of measurement for evaluating police training based on the four levels in the Kirkpatrick Hierarchy of Evaluation. The results of this evaluation are reported to the Toronto Police Services Board annually. Related Recommendation: IACOBUCCI #22 #2 EQUIPMENT (Conducted Energy Weapons research into effects on EDP) That the Ministry of Community Safety and Correctional Services commission a study of CEWs to determine if there are any special risks or concerns associated with the use of this device on EDPs. Related Recommendation: IACOBUCCI #55 Not assigned to TPS TPS does not concur While the Service recognizes the value of continual research, it remains satisfied that the current medical research has found no persuasive evidence of risk to vulnerable persons. The Service understands that across Canada police authorities including the Ontario Ministry of Community Safety and Correctional Services (the Ministry) are not contemplating further research at this time. JKE Inquest Recommendations - s 6

7 In Ontario, under the regulations of the Police Services Act, the Ministry approves and specifies the types of weapons that police may use. One of them is the Conducted Energy Weapon (CEW) (s.14 Regulation 926/60). On August 27, 2013, the Ministry announced that it will authorize the expanded deployment of conducted energy weapons (CEW) in Ontario. The Ministry explained that: Conducted Energy Weapons (CEWs) have been in use by police in Ontario since Until now, only frontline supervisors and officers who are members of tactical units, hostage rescue teams and containment teams have been permitted to carry CEWs. The Ministry of Community Safety and Correctional Services initiated a review to explore the advisability of expanding deployment of CEWs. The review included an examination of current medical literature, a jurisdictional scan and consultation with stakeholders, including police and civil liberties advocates. Following the conclusion of this review, the Minister has decided to lift the existing restriction and to allow police services to determine which officers should be permitted to carry CEWs, based on their local needs and circumstances. The Ministry found that in addition to its effectiveness the CEW had a lower incidence of injury to both subjects and officers when compared to other intermediate force options, including empty hand techniques (see for example Prospective Analysis of Police Use of Force in Four Canadian Cities Dr. Christine Hall 2013). #3 EQUIPMENT (research of other jurisdictions) That the Ministry of Community Safety and Correctional Services continue to research and consider police procedures when dealing with EDPs with edged weapons in other jurisdictions where either not all police are equipped with Not assigned to TPS TPS Concurs Action taken The Service has contacted police in England and requested information with respect to: the success of unarmed vs armed officers encountering individuals armed with an offensive weapon, JKE Inquest Recommendations - s 7

8 firearms or where police are prohibited from drawing their firearm unless they face a subject armed with a firearm. Related Recommendation: IACOBUCCI #74 the response of UK officers to individuals armed with a knife or edged weapon, the type of training and instruction is provided to UK officers in situations where edged weapons are present, the judgement based training given to London officers in determining application of force decisions, including appropriate and reasonable response to edged weapons, and who is dispatched to calls related to edged weapons (e.g.: individual officers, multiple officers, coordinated response utilizing specialized teams). The Service s Armament Section constantly reviews, updates and, when warranted, creates new tactical approaches that are based on best practices, evidence based research, and the local, unique circumstances upon which policing in a large urban environment requires. #4 USE OF FORCE (reporting) That the Ministry of Community Safety and Correctional Services enhance the collection of data for analysis, amend the Use of Force form to include, but not limited to: a) the drawing and deployment of a CEW as one of the listed use of force options; b) a requirement that, if officers indicate on the Use of Force form that "verbal interaction" was an Alternative Strategy Used, the officers must also provide particulars in respect of that verbal interaction; c) a section to identify whether the use of force involved a subject whom the officer perceived was suffering from a mental illness and/or in emotional crisis; and d) an electronic format for improved input and tracking. Related Recommendation: IACOBUCCI #56, # 57, #64 Not assigned to TPS TPS Concurs Action taken The Service acknowledges the benefits of collecting broad data about use-of-force incidents so that comprehensive analysis can be done about officer and public safety and health, weapon effectiveness, training, supervision, and procedures. The Service is participating along with the Ministry of Community Safety and Corrections (the Ministry), the Ontario Police College (OPC), and other police services on a joint working group whose mandate it is to update the current provincial Use of Force form (UFR Form 1). The new form which is expected to be published in 2015 will enhance the collection of data for analysis. The Service s current CEW Use Report (TPS 584) requires that officers complete a synopsis of the incident and to describe what led to the decision to use the CEW. Officers are required to include in the report what de-escalation measure were taken. JKE Inquest Recommendations - s 8

9 The CEW report must be filled out in conjunction with the Provincial Use of Force Report that currently collects information on whether tactical communication was used and whether it was effective. The principles of tactical communication are based on the principles of de-escalation. Both reports must be submitted together. Officers are required to fill out the forms correctly and in full. The reports are then reviewed for completeness and accuracy by the officer s supervisors and then the Service s Use of Force Analyst. The Ministry is currently examining the viability of the Ontario Police College collecting and analysing province-wide use of force data to inform training. While the Service waits for the publication of the new use of force report, its current reports which include a specific one for conducted energy weapons (CEW) usage, collect very useful data. The Service annually submits a report to the Board regarding use of force generally and CEW use specifically. #5 USE OF FORCE (reporting) That the Ministry of Community Safety and Correctional Services create a provincial database to compile data obtained from the Use of Force Form, as amended in accordance with the recommendation above and to better track EDP calls and their outcomes Not assigned to TPS TPS Concurs Action taken The Service is aware that the Ministry of Community Safety and Correctional Services is currently examining the viability of the Ontario Police College collecting and analysing province-wide use of force data to inform training. The Service supports this effort, and is part of the working group. Related Recommendation: IACOBUCCI #56, #57 #6 MENTAL HEALTH SYSTEM AND TORONTO POLICE (research) That the Toronto Police Service, Toronto Police Services Board (TPSB) and Empowerment Council consider a joint research project between TPS, TPSB, and In August 2013, Chief William Blair commissioned retired Supreme Court of Canada Justice the Honourable Frank Iacobucci to conduct an independent review of police use JKE Inquest Recommendations - s 9

10 community partners (e.g. Empowerment Council, academic institution) on best practices regarding police interactions with EDPs. Related Recommendation: IACOBUCCI #1 of force and response to emotionally disturbed persons, and to make recommendations regarding the Service s policies, procedures, training, and equipment. To complete his review Justice Iacobucci consulted across the broad spectrum of community partners and stakeholders, including academics, researchers, and consumers. His report was released publicly in July 2014 and contains 84 recommendations covering the following themes: The Mental Health System and the TPS Police Culture Police Officer Selection Training Supervision Mental Health of Police Personnel Use of Force Mobile Crisis Intervention Teams Equipment The Toronto Police Service is committed to continuous improvement and will continue to work extensively with community partners to ensure that best practices and up-to-date information are incorporated into police training for interactions with emotionally disturbed persons. #7 USE OF FORCE (reporting) That the Ministry of Community Safety and Correctional Services and Ontario Police College is to receive and track statistics about frequency of edged weapon incidents in the field, police use of force, and how often a weapon is shown and/or deployed. Not assigned to TPS TPS Concurs Action taken The Service, along with the Ministry of Community Safety and Correctional Services, the Ontario Police College, and other police services, is part of a working group updating the current provincial Use of Force form (UFR Form 1). JKE Inquest Recommendations - s 10

11 #8 TRAINING That the Toronto Police Service and the Ministry of Community Safety and Correctional Services consider, evaluate and implement strategies to maximize training opportunities for officers to be educated on the perspective of mental health consumers/survivors by: a. incorporating more information about consumer/survivors; and b. increasing opportunities for contact between officers and consumer/survivors. The Toronto Police College has worked extensively with consumers and will continue to work with them, as well as other stakeholders to maximize training opportunities for officers. This includes continuing the program of incorporating consumers lived experience into the In Service Training Program (ISTP) delivered annually to all front line officers. Related Recommendation: IACOBUCCI #4 #9 TRAINING Maximize emphasis on verbal de-escalation techniques in all aspects of police training at the Ontario Police College, at the annual in-service training program provided at Toronto Police College and at the TPS Divisional level. Related Recommendation: IACOBUCCI #15, #19, #20 The principles and techniques of de-escalation are the foundation of recruit training, the ISTP and advanced training delivered by the Service. This is also the case for training delivered by the Ontario Police College (OPC). As a result of broad consultation, including with the OPC, mental health experts, and consumers all Service training is now designed to re-emphasize de-escalation as an essential element of the Service s response to emotionally disturbed persons. This approach continues to be the basis of our program development. The ISTP currently incorporates training in crisis communication and negotiation, deescalation and containment measures. Failure to show an aptitude in these or any other part of the program results in officers having to relinquish their use of force options until they are able to show competence. JKE Inquest Recommendations - s 11

12 #10 TRAINING With respect to situations involving EDPs in possession of an edged weapon: a. If the EDP has failed to respond to standard initial police commands, (i.e. "Stop. Police. Police. Don t move., and/or "Drop the Weapon."), train officers to stop shouting those commands and attempt different defusing communication strategies. b. Train officers in such situations to coordinate amongst themselves so that one officer takes the lead in communicating with the EDP and multiple officers are not all shouting commands. Related Recommendation: JKE #15, #16, IACOBUCCI #42 All use of force training is now designed to re-emphasize de-escalation as an essential element of the Service s response to emotionally disturbed persons. Training stresses that officers consider various communication strategies aimed at de-escalating those situations. Officers are taught to continually assess the situation, especially the person s reactions to the officers directions. If the person is not responsive, officers are taught to try other communication strategies. Officers are taught to use simple commands that are easy to verbalize under stressful and dynamic situations because evidence based research shows that they are easier to understand and follow. Additionally, officers are taught to speak clearly and at a volume that others can hear so that a full understanding of the situation can occur. This means that depending on environmental factors the volume might have to be louder and the directions repeated. In this way the primary contact officer, by using loud and clear commands, can, for example, alert other officers or by-standers who, possibly due to their position, might not be aware of a present danger. Furthermore, if the person has not complied with the direction to disarm, that instruction may have to be repeated if the officer hopes to avoid the use of force. The Toronto Police through its training emphasizes that, when feasible, one officer act as the primary contact when trying to communicate to avoid confusion. Training also encourages the identification of a secondary officer who could potentially take the lead if rapport is not developed by the initial officer. JKE Inquest Recommendations - s 12

13 #11 TRAINING Toronto Police Service and Ministry of Community Safety and Correctional Services incorporate the facts and circumstances of each of these three deaths into scenario-based training. In particular, incorporate a neighbourhood foot pursuit of an EDP armed with an edged weapon, with several responding officers (not just two) to emphasize the importance of coordination, containment, and communication between the responding officers. Related Recommendation: IACOBUCCI #15 Historically, the use of scenario-based training that echoes real events (often the subject of inquests) has been included in the annual use of force requalification program (ISTP) for all front-line officers and is part of the recruit training program. In 2014 the facts and circumstances of these three deaths were incorporated into the ISTP, including foot pursuit of persons armed with edged weapons, with an emphasis on the importance of coordination, containment, and communication between officers. The Service will continue to incorporate into its training, especially its scenario-based training, the latest knowledge and practices in the field of mental health, crisis resolution, and police use-of-force. #12 TRAINING There should be mandatory annual trainer requalification for Use of Force trainers. TPS Concurs in part Implemented in an alternative form The Equipment and Use of Force Regulation (R.R.O. 1990, Reg. 926), under the Police Services Act, sets out requirements in relation to police use of force including training. The Service complies with these standards. At the same time, the Service, along with the Ministry of Community Safety and Corrections, the Ontario Police College (OPC), and other police services, is part of a working group updating the current provincial Use of Force regulations. The matter of regular re-certification for trainers is part of the review. In the meantime, as part of its established business practice the Service reviews its course curriculum and content annually to ensure training continues to be current and relevant. It is also important to note that the training curriculum and course training standards of JKE Inquest Recommendations - s 13

14 the Service are produced by the Service s trainers and reflect the latest knowledge and practices in the field of mental health, crisis resolution, and police use-of-force. Also, Service trainers like front-line officers requalify annually on their use of force options. Combined these activities require the trainer to refresh their knowledge and practice their skills and so remain current and proficient. #13 TRAINING (debriefing) To achieve consistency, Sergeants should receive training to facilitate effective debriefing sessions. Related Recommendation: JKE #20, IACOBUCCI #25, #26 TPS does not concur Implemented in an alternative form The Service recognizes the value of learning from experience as part of continuous improvement in individual and corporate performance. While acknowledging that some observers suggest that there are benefits from conducting operational debriefings, it is also recognized that operational debriefings may place officers at heightened psychological risk. Accordingly, the Service does not agree with the recommendations to implement operational debriefings. Therefore the Service will not train sergeants to conduct or facilitate operational debriefing sessions. However, sergeants will be given tools and training to help them critically assess members performance and conduct using all available methods and resources including operational reports, particularly the Use of Force Report, in order to make appropriate supervisory decisions and recommendations regarding training, procedures, and equipment. #14 TRAINING Toronto Police Service and Ministry of Community Safety and Correctional Services train officers to, when feasible and consistent with officer and public safety, take into account whether a person is in crisis and all relevant information about his/her condition, and not just his/her behaviour, when encountering a person in crisis with a weapon. All use of force training is now designed to re-emphasize de-escalation as an essential element of the Service s response to emotionally disturbed persons. Consistent with this emphasis, officers are trained that when feasible and consistent with officer and public safety to take into account whether persons are in crisis and all relevant information about their condition, including their behaviour, when encountering persons with a weapon. JKE Inquest Recommendations - s 14

15 Related Recommendations: JKE #15 JKE Inquest Recommendation #15 TRAINING Toronto Police Service and Ministry of Community Safety and Correctional Services Training officers, on the subject of edged weapons, shall incorporate the following principle: "When officers are dealing with a situation in which a person in crisis has an edged or other weapon, the officers should, when feasible and consistent with maintaining officer and public safety, try to communicate with the person by verbally offering the person help and understanding. Related Recommendation: JKE #10, #16, IACOBUCCI #15 All use of force training is now designed to re-emphasize de-escalation as an essential element of the Service s response to emotionally disturbed persons. Training stresses that officers consider various communication strategies aimed at de-escalating those situations. Officers are taught to continually assess the situation, especially the person s reactions to the officers directions. If the person is not responsive, officers are taught to try other communication strategies including, when feasible and consistent with safety, offering help and understanding. #16 TRAINING Toronto Police Service and Ministry of Community Safety and Correctional Services Officers must continue de-escalation attempts and refrain from firing as long as possible consistent with officer and public safety. Related Recommendation: JKE #10, #15, #38, IACOBUCCI #15 All use of force training is now designed to re-emphasize de-escalation as an essential element of the Service s response to emotionally disturbed persons. Training stresses that officers consider various communication strategies aimed at de-escalating those situations. Officers are taught to continually assess the situation, especially the person s reactions to the officers directions. If the person is not responsive, officers are taught to try other communication strategies. The foundation of the ISTP emphasizes the principles, strategies, and techniques of deescalation before using force, recognizing that officers have a duty, consistent with officer and public safety, to preserve life. Furthermore, on June 16, 2014, a Routine Order (0742) was published to remind officers that when responding to an emotionally disturbed person to continue deescalation efforts before resorting to force, particularly lethal force when feasible and consistent with officer and public safety. JKE Inquest Recommendations - s 15

16 #17 TRAINING Toronto Police Service and Ministry of Community Safety and Correctional Services emphasize and clarify in training that there is no fixed distance from a subject with an edged weapon at which officers should either draw or fire their firearms and that the reactionary gap (the time it takes to perform a response, which in this case would be the time it takes to discharge a firearm) is much shorter once a firearm is drawn. Service training has never specified that there is a fixed distance from a person that dictates when officers should discharge their firearms. However, to insure that members do not labour under any misapprehensions the Service emphasizes that all situational factors including the person s condition, actions, and distance from the officer must be considered when deciding to use force. #18 TRAINING Toronto Police Services Board and the Toronto Police Service provide additional mental health, verbal de-escalation, and negotiation training to officers including, but not limited to, PRU s and MCIT. Related Recommendation: JKE #10, #15, #16 With the help of stakeholders, use of force training is now designed to re-emphasize negotiation and de-escalation as an essential element of the Service s response to emotionally disturbed persons. Additional training and the opportunity to apply the knowledge and practice the skills are now incorporated into the lessons and the scenario based training. Specialized training is given to Emergency Task Force, MCIT, and hostage negotiators. Other members are invited to participate in this training, for example the MCIT course has been attended by divisional training sergeants, coach officers, members assigned to youth and family services, and PRU officers interested in joining the MCIT. Finally, mental health training is also included in the coach, supervisors and senior officers courses. JKE Inquest Recommendations - s 16

17 #19 MCIT AND OTHER CRISIS INTERVENTION MODELS That the Toronto Police Services Board and the Toronto Police Service evaluate the possibility of and consider having officers with the additional mental health and verbal de-escalation/negotiation training act as lead officers on calls involving persons in crisis. The Service has formalized the practice of having officers with additional mental health training take a lead at calls involving persons in crisis when feasible and consistent with officer and public safety. It should be noted, however, that this is already a general practice within the Service. Related Recommendation: IACOBUCCI #46 #20 TRAINING (debriefing) With the understanding that debriefing is essential for driving continuous improvement and highlighting deviation from policy, the debriefing process for critical incidents should: a. be conducted in a timely manner b. be conducted effectively c. involve all subject and witness officers d. involve all active participants including call takers and dispatch personnel e. consider adoption of the ETF debriefing model f. be conducted by trained sergeants g. include video review when possible Related Recommendation: IACOBUCCI #25, #26 TPS does not concur Implemented in an alternative form The Service recognizes the value of learning from experience as part of continuous improvement in individual and corporate performance. While acknowledging that some observers suggest that there are benefits from conducting operational debriefings, it is also recognized that operational debriefings may place officers at heightened psychological risk, a concern that is supported by a review of the scientific literature relating to the impact of trauma exposure and the identification of factors that both facilitate and interfere with recovery. Noted experts in the field of police psychology from the Psychological Services section of the International Association of Chiefs of Police who were canvassed by the Service expressed concern about the potential risk to officers psychological well-being if a procedure for debriefing is developed that requires mandatory participation. In 2013, the Ontario Ombudsman in his report entitled In the Line of Duty made it clear that police services have an obligation to protect officers and their families from the effects of operational stress injury. While acknowledging the need for accountability for police actions, it is the opinion of the Service that the requirement that officers participate in a mandatory critical analysis of actions taken may result in negative impact on the psychological health and well-being of some officers. JKE Inquest Recommendations - s 17

18 Furthermore, it is also important to recognize that the act of reliving the event from the perspective of others, as required by an operational debriefing, would necessarily alter the recall of the event among those who participate in the debriefing, leading to contamination in the ability of participants to provide accurate testimony in any subsequent legal proceeding. Given the potential for adverse outcomes for some individuals the Service will not implement this recommendation. Nevertheless, to achieve the goal of this and related recommendations which is for the Service to learn from critical events, the Service can rely on established systems and processes that do not put the psychological well-being of members at risk, and do not undermine their capacity to provide accurate first-hand testimony. These processes include: 1) A review of the event by the Service s Use of Force Analyst and the Use of Force Committee to identify trends or possible gaps in training, equipment, or procedure, using documents and records including: the Use of Force Report completed by involved officers when they use force that results in injury or when the officer uses certain force options such as the CEW or firearm, other officer submitted reports including occurrences, injury reports, and arrest records, officers memo books and other notes, results of officer interviews or testimony, and any video evidence from both police and private sources. 2) A full evidentiary review by Professional Standards as part of a legislated investigation required when police actions have led to serious injury or death of a civilian or a police officer [PSA O. Reg. 267/10, s. 11 (1)]. 3) Analysis by the College of recommendations resulting from coroner s inquests and JKE Inquest Recommendations - s 18

19 other legal proceedings, inquiries and reviews. 4) At the conclusion of every practical exercise, especially scenario-based training, (which are based on real-life events) participants are probed for the reasons behind their decisions and they are given an opportunity to peer and self-critique their decisions and actions. This form of debriefing is a proven educational method that very effectively imbeds the training and the lessons. 5) Finally, sergeants will be given more tools and training to help them critically assess members performance and conduct using all available methods and resources including operational reports, particularly the Use of Force Report, in order to make appropriate supervisory decisions and recommendations regarding training, procedures, and equipment. Combined, the lessons learned from these processes help develop policy, procedures, practices, supervision and training. On the other hand, to enhance its ability to learn from these events, the Service will continue to develop and refine its information systems. For example, the Service has worked closely with the Ministry of Community Safety and Correctional Services to develop a more comprehensive Provincial Use of Force Report that captures more information about the circumstances and the person against who force was used. JKE Inquest Recommendations - s 19

20 #21 TRAINING That the Ministry of Community Safety and Correctional Services & Ontario Police College modify the EDP and de-escalation training model and materials, so that less attention is paid to specific diagnoses and the medical model. This should include input from consumer/survivors. Related Recommendation: JKE #22, IACOBUCCI #14, #15, #16, #21 Not assigned to TPS TPS Concurs Action taken The content of mental health training for members of the Service is continuously updated and refined in collaboration with various stakeholders and subject matter experts within the mental health and consumer survivor communities. Persons consulted include: Dr. John Arrowood, Staff Psychologist, Centre for Addiction and Mental Health (CAMH); Dr. Terry Coleman Canadian Mental Health Commission Dr. Dorothy Cotton, Canadian Mental Health Commission Pat Capponi, Lead Facilitator Voices from the Street; Jennifer Chambers, Co-ordinator Empowerment Council, CAMH; Graham Vardy, Education Specialist & Coordinator for the Prevention & Management of Aggressive Behaviour training, CAMH; and Dr. Nancy McNaughton University of Toronto Faculty of Medicine. Officers are instructed to be alert to the possibility that people s behaviours might be related to a health condition, including mental illness or disorders. Officers are not taught to diagnose nor are they expected to diagnose health conditions, including mental health conditions of persons they encounter. Nor does officer training focus on the medical model except as it relates to medical emergencies and the officer s obligations under the Mental Health Act. On February 27, 2015, members of the Board s Mental Health Committee, the TC- LHIN MCIT City-Wide Implementation Steering Committee, and the Implementation Advisory Committee reviewed the ISTP and provided their input and feedback. The curriculum reflects the appropriate attention to specific diagnoses and the medical model. JKE Inquest Recommendations - s 20

21 #22 TRAINING That the Ministry of Community Safety and Correctional Services & Ontario Police College leverage/adopt the Toronto Police Service format of using consumer/survivor videos to improve quality and achieve consistency in the delivery of EDP/Mental Health training. Not assigned to TPS TPS Concurs Action taken The Service will provide any training material requested by the Ministry of Community Safety and Correctional Services or Ontario Police College (OPC) including perspectives of consumer survivors and individuals with lived experience to achieve consistency in the delivery of EDP and mental health training across the province. On February 27, 2015 the OPC participated in a review of the Service s use of force and mental health training, in part, to determine what could be incorporated into constable basic training. #23 TRAINING That the Ontario Police College and Toronto Police College consider expert review and analyses of videos, audios and evidence specific to each case, i.e. Sylvia Klibingaitis, Reyal Jardine-Douglas, Michael Eligon, for the purpose of identifying all alternative police service tactics for preserving life. Related Recommendation: JKE #11, #25, #26, IACOBUCCI # 15, #16, #18 The content of police training reflects the latest expert knowledge and practices in the field of mental health, crisis resolution, and police use-of-force. The training incorporates knowledge and experience from real events that are often the subject of inquests. The Toronto Police College In Service Training team and the Use of Force Committee reviewed and analyzed all relevant information relating to these three deaths, in part, to identify alternative police tactics for preserving life. In 2014 the facts and circumstances of these three deaths were incorporated into the ISTP. The Service will continue to incorporate into its training, especially its scenariobased training, the latest knowledge and practices in the field of mental health, crisis resolution, and police use-of-force. JKE Inquest Recommendations - s 21

22 #24 TRAINING That the Ontario Police College and Toronto Police College explore and consider opportunities for Training Sergeants to meet with subject officers for learning/training development (post-legal proceedings). Officers who have completed all legal proceedings, and are considered psychologically ready, presently receive individualized training and development with training sergeants at the Toronto Police College. Related Recommendation: IACOBUCCI #25, #26 #25 TRAINING That the Ontario Police College and Toronto Police College consider providing officers with strategies to reduce immediate shock/adrenaline rush. Related Recommendation: IACOBUCCI #15 The Ontario Police College teaches autogenic breathing techniques during the Basic Constable Training Program with the goal of reducing stress and improving situational awareness. Since 2014, the Toronto Police College has included tactical breathing techniques and exercises into its ISTP. Officers practice these techniques as a group in a classroom setting and then employ them in practical portions of defensive tactics, firearms, and scenario-based training, under a variety of different physical, psychological and emotional settings. Benefits of the techniques employed by the Service are supported by research. #26 TRAINING That the Ministry of Community Safety and Correctional Services, Toronto Police Service, Ontario Police College, and Toronto Police College incorporate more dynamic scenarios in use of force training (e.g. include bystanders, traffic, and distractions). Related Recommendation: IACOBUCCI #15 The use of scenario-based training that echoes real events (often the subject of inquests) is included in the annual use-of-force requalification program for all front-line officers and is delivered to new police officers as part of the recruit training program. More scenarios that include distractionary elements have been added. The Service will continue to incorporate into its training, especially its scenario-based training, the latest knowledge and practices in the field of mental health, crisis resolution, and police use-of-force. JKE Inquest Recommendations - s 22

23 #27 TRAINING (MCIT drive-along) JKE Inquest Recommendation That the Toronto Police Service, with the goal of increasing positive interactions between PRUs and the Mental Health community, develop an in-service learning exercise (e.g. drive along, MCIT shadowing, special day assignments, etc.) to increase PRU awareness and knowledge of the Mental Health community and resources. Related Recommendation: JKE #8, #38 TPS does not concur Implemented in an alternative form After review, given operational limitations including officer availability, volume of PRU calls for service, and even police vehicle passenger capacity, the Service is doubtful that it can institute a regular program of mental health awareness through drive-along or shadowing of MCIT by PRU. Instead, the Service has worked extensively with consumers and other mental health stakeholders to increase officers awareness of the mental health community and the resources available to support it. For example, consumer input helped develop the curriculum of the annual in-service training for all officers and a training video on consumer experiences. The Service will also use existing forums including platoon training and the Community Police Liaison Committees (consisting of local community members) to expose PRU officers to consumer experience and available community resources. Additionally, since 2014 the Service has increased attendance at the MCIT course to include PRU, coach, and supervisory officers. Part of the graduates responsibility is to regularly discuss mental health issues with the PRU and promote the MCIT. These officers, along with former MCIT officers, are listed as available resources with Communications Services (Dispatch) on the Availability List The Service is working to make a reference checklist available online through internal web based platforms such as Push Pin or a dashboard, or by adding one to officers memo book. A resource list is currently found within the Divisional Police Support Unit intranet webpage under the heading of Mental Health. This list links to external community agencies such as the Canadian Mental Health Association and the Centre for Mental Health and Addictions. Through these external links officers can find resources specific to the City of Toronto. Information about these sources is now part of the training curriculum, particularly during the scenario training where officers are expected JKE Inquest Recommendations - s 23

24 to refer to these resources to resolve the event. The Service is also testing a Vulnerable Persons Registry that would include information about individuals that might help officers determine an appropriate course of action. It is expected that the registry could be operating by #28 EQUIPMENT (alternative options) That the Ministry of Community Safety and Correctional Services and Toronto Police Service investigate and evaluate the adoption of improved equipment and alternative use of force measures for Primary Response Officers such as: a. body armour that provides officers greater protection from sharp-edged weapons b. body-worn camera technology for front line officers c. shields to disarm and control subjects with edged weapons Related Recommendation: IACOBUCCI #72 Members of the In Service Training Program Section (ISTP) and Armament Section are evaluating the latest technology and equipment and alternative use of force measures and will continue their efforts. The Service is studying the availability and feasibility of stab resistant body armour that can be worn in conjunction with ballistic body armour because the threat from firearms is still present in Toronto. Although there might exist stab resistant armour that provides some measure of protection against edged weapons, if it is like ballistic armour it still leaves critical areas of the body such as the neck, arms, and thighs exposed. Indeed, for 5 Ontario police officers killed by subjects using edged weapons, body armour would not have protected any of them. Four were slashed on the head or neck and the fifth was slashed in the thigh severing the femoral artery. In 2015 the Service initiated a pilot project to test the concept of body-worn cameras for front line officers. The Service is studying the feasibility of equipping PRU officers with shields. By providing some measure of protections, shields might allow officers to move closer to a threat to secure it without increasing the likelihood of using lethal force. However, while shields might initially protect officers from injury they do not by themselves disarm the person. At some point officers have to take physical control and disarm the person and this would be extremely difficult and risky while holding onto the shield because the officer has only one hand available to disarm and secure the person. JKE Inquest Recommendations - s 24

25 Dropping the shield, of course, defeats its purpose. Furthermore, shields are simple to defeat by pulling them downward and if the officer s firearm is drawn the potential for sympathetic contractions by the officer gripping and manipulating a shield increase the possibility of an unintended discharge. Finally, when dealing with emotionally disturbed persons, officers are encouraged to deescalate situations by attempting to build rapport. Presenting a shield from the outset could be perceived as barrier and prevent officers from accomplishing this goal. On the other hand, with sufficient officers at the scene it might be feasible for officers equipped with shields to contain the person while other officers without shields wait to disarm and apprehend the person when safe. JKE Inquest Recommendations - s 25

26 #29 EQUIPMENT (Conducted Energy Weapon threshold for use) That the Ministry of Community Safety and Correctional Services and Toronto Police Service Study evaluate the threshold for use of conducted energy weapons ("CEWs"). This evaluation shall include a public consultation component. Related Recommendation: JKE #2, IACOBUCCI #69 TPS does not concur The threshold for use of CEWs has been set by the Ministry of Community Safety & Correctional Services (the Ministry) after broad consultation with police legal advisors and stakeholders including use of force experts and police defensive tactics trainers. When considering the threshold, the Ministry took into account that the research has demonstrated that there are fewer injuries to subjects and police officers associated to CEW use than other force options like the baton and physical control techniques. The Service is not aware that the Ministry contemplates changing the threshold. In accordance with Ministry standards, a CEW is only used in direct application (probe or drive stun mode) when the officer believes a subject is threatening or displaying assaultive behaviour or, taking into account the totality of the circumstances, the officer believes there is an imminent need for control of a subject (Equipment and Use of Force Regulation (R.R.O. 1990, Reg. 926). Therefore, direct application of the device is only used to gain control of a subject who is at risk of causing physical harm, not to secure compliance of a subject who is merely resistant. TPS Procedure Conducted Energy Weapon clearly articulates when it is appropriate to use the CEW. In addition to the procedure, the appropriate use of the weapon is also emphasizes through training, supervision and reporting. #30 EQUIPMENT (Conducted Energy Weapon) That the Ministry of Community Safety and Correctional Services and Toronto Police Service, where CEWs are available, consider adopting the model with video option. TPS does not concur Implemented in an alternative form In 2015 the Service initiated a pilot project to test the concept of body-worn cameras for front line officers. Supervisors who are equipped with CEWs are part of the pilot project. Related Recommendation: JKE #28, IACOBUCCI #60 JKE Inquest Recommendations - s 26

27 #31 EQUIPMENT That the Toronto Police Service consider an improved, interoperable communication system between units/departments (TPS, EMS, ETF, Duty desk, etc.) towards the goal of reducing communication delays, errors and airway traffic. For example, the TPS dispatcher should not have to manually contact EMS by phone and verbalise critical information; an automated system would more effectively convey essential information. The Toronto Police Service currently uses non-verbal and verbal methods of communication through the Computer Aided Dispatch System, and traditional telephone and radio technology. Along with Toronto Paramedics Services, Toronto Fire Services, and the City of Toronto the Service is part of the Toronto Radio Infrastructure Project designed to improve the current radio system. This project will improve radio coverage and improve interconnectivity, network security, and record management systems Improved radio coverage and encryption were activated in December 2014 and the project is expected to be complete in A Steering Committee continues to review communication requirements. #32 EQUIPMENT That the Toronto Police Service to ensure that system users (e.g. dispatchers and trainers) are included as stakeholders when exploring new dispatch/calltaker tools and systems improvements. New dispatch and call-taker tools and system improvements are reviewed and vetted by dispatchers, trainers, supervisors and management prior to procurement. As new or improved systems are reviewed or introduced, working and focus groups are established pre-and post-procurement when required. #33 MENTAL HEALTH SYSTEM AND TORONTO POLICE (MCIT) That the Toronto Police Service, Ministry of Health and Long Term Care, and Toronto Central Local Health Integration Network establish a permanent ongoing advisory committee to the MCIT with significant representation by The Service is the co-chair of the Toronto Central Local Health Integration Network (TC-LHIN) Mobile Crisis Intervention Team City-Wide Implementation Steering Committee. JKE Inquest Recommendations - s 27